BLAIN & CONE, P. A.
L. M. BLAIN 202 MADISON STREET
THOMAS E. CONE, JR. P. O. BOX 399
RUSSELL M. BLAIN TAMPA, FLORIDA 33601
GARY A. GIBBONS (813) 223-3888
FRED A. McCORMACK May 5, 1981
206 SOUTH MONROE STREET
OF COUNSEL P. 0. BOX 10449
GEORGE O. WILSON III TALLAHASSEE, FLORIDA 32301
(904) 222 0960
REPLY TO: Tampa office
Mr. Fritz Musselmann
Chief, Real Estate Section
Southwest Florida Water
5060 U. S. Highway 41, S.
Brooksville, Florida 33512
Re: Attorneys' fees in eminent domain
cases where SWFWMD is a defendant
Any recovery of attorneys' fees from a condemning authority
should accrue to the District when the District has been
paying the fees of its own attorney as the work is performed.
Obviously, the District should not profit from the transaction
but where the District has assumed full responsibility for attorneys'
fees on an hourly basis there should not be any "windfall" for its
attorneys. In the future, we need to establish a separate fee
arrangement for each condemnation matter. The District's retained
attorney can then look to the condemning authority for its' fees.
L. M. Blain
cc: Mr. Donald R. Feaster
Kirk M. Gibbons, Esquire